Ord. No. 27-85-1244ORDINANCE NO.27-85-1244
ANORDINANCEOFTHECITYOFSOUTH MIAMI,FLORIDA,
ESTABLISHINGANADMINISTRATIVEFEEFORTHERETURNING
OF ANY VEHICLE,VESSEL,AIRCRAFT OR OTHER MOTORIZED
CONVEYANCEIMPOUNDEDBYTHEPOLICEDEPARTMENTOFTHE
CITY OF SOUTH MIAMI UNDER SECTION 932.701 ET.SEQ.
FLORIDA STATE STATUTES (1983),TITLED THE FLORIDA
CONTRABAND FORFEITURE ACT,WHERE THE VALUE OFTHE
VEHICLE,VESSEL,AIRCRAFT OR OTHER MOTORIZED CONVEY-*
ANCEMAKES CONTINUATION OR INITIATION OFFORMAL
FORFEITURE PROCEEDINGS FINANCIALLY UNFEASIBLE.
WHEREAS,the costs involved inmanpowerand actual expenses
for the researching of any vehicle,vessel,aircraft,or other motorized convey
ance (i.e.lienhojders,interested parties,ownerships)seized by the City of
South Miami Police Department under the purview of Section 932.701 et.seq.
Florida State Statutes (1983)are expenses which the Police Department must incur
prior to a determination of practicality of forfeiture litigation;and
WHEREAS,the City of South Miami Police Department suffers a
financial loss from these costs when it is determined that a civil forfeiture
proceeding of a vehicle,vessel,aircraft or other motorized conveyance is
impractical and the item is returned to the owner or lienholder;and
WHEREAS,returning the conveyance to the primary lienholder
of record fulfills the requirement of Section 932.703(3)Florida State Statutes (1983);
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.
a.That an administrative fee of not less than $100.00 be charged
for any vehicle,vessel,aircraft or other motorized conveyance
confiscated by the City of South Miami Police Department
under the purview of Section 932.701 et.seq.Florida
State Statutes (1983)where said vehicle,vessel,air
craft or motorized conveyance may be returned,before
it is returned,as provided in subsection 2 of this
ordinance.
b.Said administrative fee shall be deposited directly into
the Law Enforcement Trust Fund as provided in
Section 932.701 et.seq.Florida State Statutes (1983).
Section 2.
When any vehicle,vessel,aircraft,or motorized conveyance
is not financially feasible,after investigation and
evaluation by the forfeiture unit of the South Miami Police
Department,City Manager &Chief of Police to institute or
continue civil forfeiture proceedings under Section 932.701
et.seq.Florida State Statutes (1983)said vehicle,vessel
aircraft or motorized conveyance shall be returned to the
primary lienholder of record or,if none,to the registered
owner,after payment of the administrative fee as provided
in Section la.of this ordinance.
5-9 (continued)
All permits or licenses so issued shall-expire at 5:00 PM
on the 30th day of August of each year and every year for
the year then ending for which such permit or license
shall have been issued and date of expiration of such
permit of license shall be stamped or printed on
prescribed tag.
The license or permit shall be subject to revocation by
the City Commission after a three day notice to the owner
of said dogs in the following events:
(a)In the event the City Commission advised that the said
dog is a vicious dog and has attached and bitten one
or more persons or is guilty of destruction of other
animals or fowl.A serious attack upon such person
or animal through biting shall be deemed destructive
1nthe sense of this ordinance.
(b)Where any dog whose license has been cancelled by the
City Commission because of viciousness as herein
defined said dog is hereby declared to be Inimical
to the public interest and a dangerous animal and it
1s hereby made the di;ty of the police officers of the
City of South Miami to contact Dade County Animal
Control for immediate removal of said aog or dogs
from the City's streets.This provision is hereby
declared to be necessary for the preservation and safety
of the community and for the protection of the residents
of the City;particularly the children.
5-10 LEASHANDMUZZLE PROVISIONS
All pit bulls shall,at all times,be under secure leash and
adequately muzzled so as to make it impossible for such dog
to bite whether on public or private property,except when
such animal 1s in a securly enclosed roofed structure on
private property.
5-11 DEFINITION
All references to pit bull/s shall mean any American
Staffordshire Terrier,or Staffordshire Bull Terrier or
orrAmerican Pit Bull Terrier.Pit Bulls shall also
include all mixed breeds except any mixed breed having less
than one-eighth (1/8)of its breed of the breed of American
Staffordshire Terrier or Staffordshire Bull Terrier or
American PitBullTerrier.
Section 2.Any violation of any provision of this Ordinance
shall be subject to the following penalty:a fine not to exceed $500 and/or
imprisonment in the County jail not to exceed sixty (60)days or both.
Section 3.If any section,sentence,clause or phrase of
this ordinance 1s held to be Invalid or unconstitutional by any court of competent
jurisdiction,then said holding shall in no way affect the validity of the remaining
portions of this ordinance.
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Section 4.It is the intention of the City Commission that the provisions
of this ordinance shall become and be made a part of the South Miami City Code;
and that the sections of this ordinance may be renumbered or relettered and the
word "ordinance"may be changed to "section","article"or such other appropriate
word or phrase in order to accomplish such intention.
Section 5.All ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 6.This ordinance shall bein full forceandeffortfromandafter
January 15th,1986.
PASSED AND ADOPTED this 3rd day of December ,1985.
APPROVED:
ATTEST!
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APPROVED ASTOFORM:
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Passed on 1st Reading:11/19/85
Passed on 2nd Reading:12/03/85
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